Restrictive Deed Covenants
ASC Residential Properties Limited
246 Westwood Blvd,
Upper Tantallon, NS B3Z 1N1
246 Westwood Blvd,
Upper Tantallon, NS B3Z 1N1
- The lands to which these building restrictions shall apply (hereinafter called the said lands) include the Lot hereinafter described in Schedule "A" annexed.
- The Grantee agrees not to cut down or remove from the said lands any living tree standing on the said lot more than three (3) inches in diameter and excepting any tree standing within twenty (20) feet of the area to be excavated for the erection of the building thereon or within the area of the driveway, septic tank or disposal field, without the written consent of ASC Residential Properties and that, subject to the exception aforesaid, if any such tree is cut down or removed without such consent first had and obtained, the Grantee shall forthwith replace the same, at his expense, under the supervision of ASC Residential Properties.
- The Grantee agrees not to construct any building or house within 100 feet from any property line abutting a roadway, without the written consent of ASC Residential Properties.
- The Grantee agrees not to disturb any existing vegetation on the said lands within fifty (50) feet of the front property line, excluding that area required for driveway access, without the written consent of ASC Residential Properties. Any damage or disruption of existing vegetation within this area caused by the Grantee or by any person working or engaged on its behalf shall be repaired at the expense of the Grantee. If the Grantee does not effect such repairs within a reasonable time upon receipt of notice from ASC Residential Properties, then ASC Residential Properties may repair the same and recover the cost thereof from the Grantee.
- The Grantee shall be responsible for the landscaping of the said lands or any part thereof disturbed during construction. The Grantee shall also be responsible for the landscaping and maintenance of the Nova Scotia Power Corporation easement, ditch, and street line abutting the said lands. All landscaping is to be completed within a period of one year from the date of occupancy and shall be affected through the installation of sods.
- The Grantee agrees that no more than one dwelling house shall be erected or stand at any one time upon the lot herein described. A detached garage may be permitted at the discretion of the Grantor.
- The Grantee agrees to submit to ASC Residential Properties plans showing building size, type and colour of exterior walls and trim, and colour of brick to be used for written approval prior to obtaining a building permit.
- The Grantee agrees that no dwelling shall be erected or stand upon the said lot or any part thereof which has a total ground floor area less than:
- 1,200 square feet in the case of a one storey dwelling
- 1,000 square feet in the case of a one and one-half storey dwelling
- 850 square feet in the case of a two storey dwelling
- The measurements for the calculation of the area referred to in this paragraph shall be taken as the outside measurements of the main walls of the dwelling, excluding any garage, porch, veranda, or sun room.
- Notwithstanding anything herein contained, no building, fence, or structure of any kind shall be erected or maintained on the said lands unless the plans, elevations, dimensions, specifications and location thereof as indicated by a site plan (including setback distances from lot lines) have been first submitted to and approved in writing by ASC Residential Properties (which approval shall not unreasonably be withheld) and no building, fence or other erection shall be placed on the said lands otherwise than in conformity with such plans, specifications and site plan.
- The Grantee agrees that no modular or pre-constructed home or homes of a similar type construction of any kind or shape shall be erected or located on the said lands without the written consent of ASC Residential Properties.
- No addition to any building shall be erected unless the plans and specifications have been submitted to ASC Residential Properties or its agent, and its written approval obtained.
- The said lands or any buildings erected or to be erected thereon shall not be used for the purpose of any profession, trade, employment, service, manufacture or business or any description nor as a school, hospital or other charitable institution, nor as a hotel, apartment house, rooming house, or place of public resort, not for any sport (other that such games as are usually played in association with the occupants of a private residence) nor shall anything be done or permitted upon the said lots or buildings erected or erected thereon which shall be a nuisance to the occupants of any neighbouring lands or buildings.
- No signs, billboards, notices or other advertising matter of any kind shall be placed on any part of the said lands or upon any building or any fence, tree or other structure of the said lands (except for signage incidental to the sale of the said lands or buildings thereon) without the written consent of ASC Residential Properties.
- No trailer of any kind used for the purpose of living, sleeping or eating accommodation shall be parked or placed upon any part of the said lands.
- No building waste or other material of any kind shall be dumped or stored on the said lands except clean earth for the purpose of levelling in connection with the erection of a building thereon or the immediate improvement of the grounds.
- No horses, cattle, hogs, sheep, poultry, or other stock or animals other than household pets normally permitted in private homes in urban residential areas shall be kept upon the said lands. No breeding of pets for sale shall be carried upon on said lands.
- The Grantee shall not withhold its consent to the erection or installation and maintenance along the side or rear of the lot herein described of electric, telephone, and/or television poles, lines and equipment and guys and anchors, and underground cables, all for common use with all necessary access from employees of the person, firm or corporation of persons, firms or corporations, furnishing, maintaining or repairing same.
- The Grantee covenants and agrees that he will complete construction of a house in accordance with the plans and specifications approved as aforesaid, within six months from the date of commencement of construction.
- The Grantee will not permit the condition of the surface of the lands or any part thereof to be in such a condition as to be below the standard of landscaping of the surface of lots which is normally found in a first class residential neighbourhood.
- The Grantee covenants and agrees to commence construction of the new home within a period of twelve (12) months from date of conveyance of the lot from ASC Residential Properties. In the event the Grantee has not commenced construction of the new home within the prescribed period and has not made arrangement in writing with ASC Residential Properties for an extension, which will not be unreasonably withheld, or should the Grantee decide not to build on the said lot, the Grantee agrees to re-convey the said lands to ASC Residential Properties at the purchase price, paid by the Grantee to ASC Residential Properties, plus reasonable costs incurred by the Grantee relating to the ownership of the said lands. This option shall be at ASC Residential Properties sole discretion.
- The Grantee shall keep regrading of the lot to a minimum; and where regrading or landscaping is carried out the areas exposed shall be stabilized as soon as possible by sodding, hydroseeding or covering with mulch.
- The Grantee shall insure that all excavations are backfilled and final grading work is carried out as soon as possible; and as soon as backfilling and grading is completed all exposed areas shall be sodded or hydroseeded with the hydroseeding mixture containing mulch to stabilize the ground surface.
- The Grantee shall not regrade or permit his property to be regraded in such a manner that it will block or impede any water course or swale or cause water to pond or build up on any adjacent property.
- No lot shall be subdivided, or re-subdivided, and no application for such purpose shall be made to the Planning Department of the Municipality in which the land is situate or other appropriate authority unless prior permission in writing has been obtained from ASC Residential Properties.
- The Grantee for himself, his successors, and assigns, covenants and agrees that no building, addition to, or alteration of any building, nor any structure or any sign of any kind, will be constructed or erected above the building or structure, if any, now standing on the land conveyed, shall or will exceed a height not previously approved by ASC Residential Properties (which approval shall not unreasonably be withheld).
- The Grantee shall be responsible for any damage to existing streets caused by a contractor’s vehicles or equipment under employ or contract to him during construction and also for the clean-up of any mud, concrete or debris on the street resulting from the work performed by the Grantee, his contractors or employees.
- The Grantee shall not block or infill any natural or constructed watercourse without first constructing alternative drainage means acceptable to the Nova Scotia Department of Environment and the Municipal Engineering Department.
- Any damage to any of the municipal services which have been installed by or on behalf of ASC Residential Properties (which services shall include but are not limited to ditches, drainage corridors, culverts, streets, and landscaping) caused by the Grantee or by any person working or engaged on its behalf shall be repaired at the expense of the Grantee. If the Grantee does not effect such repairs within a reasonable time upon receipt of notice from ASC Residential Properties, then ASC Residential Properties may repair the same and recover the cost thereof from the Grantee.
- If any survey stakes are removed or damaged by the Grantee, or by any persons working or engaged on its behalf, and if, in the opinion of ASC Residential Properties, the replacement of such stake(s) is necessary, then ASC Residential Properties may retain a surveyor to effect such replacement and recover the costs of such from the Grantee.
- No major repairs to any motor vehicle shall be effected on the said lands save within a wholly enclosed garage.
- The Grantee agrees to become a member of the Residents Association which shall be responsible for the maintenance and operation of all common areas which may be conveyed or leased to it by the Grantor, together with any Improvements of any kind or purpose located in said areas; and to accept, own, operate and maintain all other property, real and personal, conveyed or leased to the Association by the Grantor; and to maintain in good repair and condition all lands, Improvements, and other Association property owned by or leased to The Association, whether by the Grantor or by other Persons.
- The Grantee agrees to pay membership fees if required by the Residents Association.
- The Grantee agrees that Membership shall be appurtenant to and shall run with the property interest which qualifies the Grantee for membership, and membership may not be severed from, or in any way transferred, pledged, mortgaged or alienated except together with the title to the said lands.
- The Grantee agrees to obtain from any subsequent Grantor or transferee, a covenant to observe the building restrictions herein set forth including this clause and agrees that these covenants will be binding upon and endure to his or her respective heirs, executors, administrators, and assigns.
- The Grantee agrees that these restrictions and covenants shall endure to the benefit of and be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns, respectively
- Provided always that notwithstanding anything herein contained, ASC Residential Properties shall have power by instrument or instruments in writing from time to time to waive, alter or modify the above covenants and restrictions in their application to any lot or lots or to any part thereof comprising part of the said lands without notice to the owner of any other lot on the said lands.